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Hints of any democratic progress in Belarus came to a screeching halt on December 19, 2010, in the aftermath of the country’s most recent electoral exercise, the latest in a long line of fundamentally flawed elections. The brutal and bloody election-night crackdown against political opposition supporters, including mass arrests of demonstrators, as well as candidates, who challenged the 16-year rule of Alexander Lukashenka, was unprecedented. Even the prospects of inducements from the EU and others failed to restrain a regime bent on maintaining power. The strong-arm tactics employed on election night, and since, confirm the nature of Lukashenka’s rule – one that perpetuates a pervasive, albeit subtle, climate of fear to squelch dissent.

The OSCE Election Observation Mission (EOM) post-election statement, issued on December 20, concluded that “Belarus still has a considerable way to go in meeting its OSCE commitments, although some specific improvements were made. Election night was marred by detentions of most presidential candidates, and hundreds of activists, journalists and civil society representatives.” The Helsinki Commission, the U.S. and European governments, as well as Western NGOs, condemned the regime’s violent campaign of repression and called for the release of jailed opposition presidential candidates, hundreds of peaceful protestors, and some two dozen journalists covering the demonstrations. Moreover, cyber police shut down numerous internet and social networking sites. Repressive actions have continued, including raids on opposition party offices, NGOs, individual residences of activists and journalists, and independent media outlets by police and the KGB.

Displaying his displeasure with the OSCE’s negative assessment of the elections, Lukashenka refused to extend the expiring mandate of the organization’s office in Minsk, effectively ousting the OSCE. The only other leader to order such an expulsion was Slobodan Milosevic. The development comes as neighboring Lithuania assumes the chairmanship of the Vienna-based 56-nation organization.

Helsinki Commission staff were part of the OSCE Parliamentary Assembly’s contingent to the EOM, headed by Tony Lloyd, a member of the British Parliament. We observed the balloting and vote count in Minsk and Polotsk, a historic city located 120 miles north of the capital. Our election-day observations were consistent with those of the 450 other OSCE observers representing 44 participating States deployed throughout the country. The voting process was assessed as ‘good’ or ‘very good’ in the vast majority of observed polling stations, while the critical vote count was judged as ‘bad’ or ‘very bad’ in nearly half of the precincts observed, giving fresh currency to an adage attributed to Soviet leader Joseph Stalin: “It is not the votes that count, but who counts the votes.”

The vote count in Novopolotsk was decidedly non-transparent as both international and domestic observers (virtually all of the latter appeared to be so-called GONGOs, or government organized non-governmental organizations) were kept far enough away from the table on which the votes were being counted, making it impossible to see how the ballots were marked. When queried several times by Commission staff as to the reason, the precinct chairman politely insisted that it was a decision that he and other members of the election commission had made on the pretext of preventing observers from “interfering” in the counting process. Meanwhile, at a polling station in Minsk, staff were allowed closer access to the vote count, though were prevented from seeing what was written on each ballot. With an ambiguous way of counting votes, those in attendance had little clue as to how the chairman of the election commission counted ballots. An outspoken domestic observer was subsequently voted out of the polling station by election commissioners because he was a “nuisance to the vote count.”

While the run-up to the election had shown some procedural improvements and an easing of restrictions on normal political activity, the electoral machinery at every level remained firmly under the regime’s control. There were greater opportunities than in previous elections for candidates to speak on live television, and candidates were for the most part able to more freely meet with voters. This, however, did not translate into a level playing field for all candidates as the state-controlled media disproportionately favored Lukashenka. Very telling was the fact that only 0.26 percent of all precinct electoral commission members and 0.70 percent of territorial election commission members were from opposition political parties.

Clearly, even the limited improvements did not lead to a free and fair outcome, with only the margin of Lukashenka’s victory to be announced. A December 20 statement issued by the White House, citing the critical OSCE assessment, stressed: “The United States cannot accept as legitimate the results of the presidential election announced by the Belarusian Central Election Commission” issued earlier the day. Even regime-sponsored exit polls contradicted the official CEC results, giving a lower percentage of the vote to Lukashenka and higher percentages to Andrei Sannikau and Uladzimir Nyaklyaeu, the leading opposition candidates who were victims of violence by the authorities and remain incarcerated along with several other contenders. Independent pollsters and analysts also gave Lukashenka far less of the vote than the nearly 80 percent he officially garnered, with some giving him less than the 50 percent of votes needed to avoid a second round against a single opposition candidate.

Given the unconscionable crackdown and fraudulent elections, hopes and expectations for even limited progress with respect to democracy and human rights have been thwarted. Through his repressive and undemocratic actions, Lukashenka has shown that he will not tolerate meaningful reform and that he will do whatever it takes to maintain absolute power. This overarching imperative clearly trumps improved relations with the United States and especially the European Union which were in the offing prior to election day, and could have resulted in badly needed financial assistance.

In a rambling two-and-a-half hour televised press conference the day after the election, Lukashenka belittled what he termed “mindless democracy” while boldly declaring his lack of fear. Despite his bravado, clearly the Belarusian leader fears the prospect of submitting to a vote in a genuinely free and fair electoral contest. Against the backdrop of a decade of rigged presidential and parliamentary elections and an illegal referendum, Belarus is regrettably no closer to restoring legitimacy to executive and legislative structures, and the prospects for meaningful change appear remote. To the detriment of the Belarusian people, the Lukashenka regime has, yet again, chosen the path of self-imposed isolation.

Journalists Persecuted 2017: Illustrative Cases

Wednesday, August 02, 2017

By Jordan Warlick, Staff Associate
Natasha Blaskovich, Intern
Katya Kazmin, Intern
With a section on the “improvement of working conditions for journalists”, the Helsinki Final Act explicitly recognizes the importance of journalists for democratic and open societies. Despite the signing of the agreement in 1975, the situation for journalists is still very grim in several countries in the region. The U.S. Helsinki Commission continues to monitor these conditions closely and remains concerned with: (a) murder, violence, and other egregious acts that harm the safety of journalists; (b) imprisonment of journalists for their work; (c) other restrictions that impede the work of journalists and a free press.
The journalists featured below are representative of those persecuted so far this year.
Afqan Muxtarli (Azerbaijan) – Muxtarli and his family fled to neighboring Georgia in 2015 after Muxtarli received threats related to corruption investigations into Azerbaijani President Ilham Aliyev and other officials. Following Muxtarli’s disappearance on May 29, 2017, Muxtarli’s lawyer told Radio Free Europe that the journalist was abducted in Tbilisi and handed over to Azerbaijani officers at the border. Muxtarli believes that these officers planted €10,000 on him and then promptly arrested him, in order to incriminate him for illegally crossing the border with a large sum of money and no passport. Amnesty International and other international human rights organizations have criticized the Azerbaijani government for its oppression of journalists and suppression of free speech. Georgia’s Interior Minister has stated that Georgia has launched an investigation into this allegedly unlawful imprisonment.
Mehman Huseynov (Azerbaijan) – Huseynov, a well-known journalist and blogger in Azerbaijan, was sentenced to two years in prison on March 3, 2017 on defamation charges. Huseynov had been under a travel ban since 2012, and was reportedly harassed and intimidated by the police for years. In early January 2017, Huseynov was arrested in Baku, taken to the Nasimi police station where he was held incommunicado, and repeatedly beaten and abused. Although he filed a formal complaint with the prosecutor’s office and made his abuse public, Huseynov’s allegations were declared groundless and not investigated. Huseynov was accused of defamation by the Nasimi police chief, and was found guilty in May 2017.
Halina Abakunchyk (Belarus) – Abakunchyk is a correspondent for Radio Free Europe/Radio Liberty (RFE/RL), a U.S.-government-funded service. She was detained overnight on March 12, 2017, accused of “participating in an unsanctioned rally,” and then fined approximately $300 for covering large nationwide protests in March over a tax on the unemployed. Abakunchyk was one of 32 journalists arrested and/or fined for similar offenses while covering the protests.
Zhanbolat Mamay (Kazakhstan) – Mamay is the editor of the Tribuna newspaper, one of the few independent papers in Kazakhstan to have survived a recent trend of pressure and harassment from the government. Arrested on February 10, 2017, Mamay stands accused of being an accomplice to money-laundering, along with opposition leader and former head of BTA Bank, Mukhtar Ablyazov, in 2009. Before his arrest, Mamay told RFE/RL that he felt he was being followed. Since his arrest, Mamay has complained of being beaten and extorted while in prison. There are concerns for the safety of Mamay and his family as well as the provision of a fair trial. The Committee to Protect Journalists and other organizations have called for his release.
Nikolai Andrushchenko (Russia) – Andrushchenko was a Russian journalist known for reporting on issues provocative to the Russian regime, including corruption. When Andrushchenko was attacked by assailants in St. Petersburg on March 9, 2017, he was in the midst of investigating reports of corruption and human rights abuses, allegations including the involvement of local police. He was found unconscious several hours later and taken to a hospital where brain surgery was performed, leaving him in a coma. He died on April 19, 2017. Prior to the March 9 attack, Andrushchenko had been attacked at least two times in the last decade. In November 2016, assailants attacked him on his doorstep. He was also attacked in November 2007, weeks before he was jailed for two months on false charges of defamation and obstruction of justice. The police have not informed the newspaper which Andrushchenko co-founded, Novy Peterburg (New Petersburg), of any progress in the investigation.
Dmitry Popkov (Russia) – Popkov, the chief editor of local independent newspaper Ton-M in Siberia, was found shot dead in his backyard in Minusinsk on May 24, 2017. Popkov was known for investigating alleged abuses of power and corruption. Ton-M’s motto, “We write what other people stay silent about,” made the newspaper – and Popkov himself – long-time targets. Shortly before his murder, Popkov had published reports regarding a federal parliamentary audit that revealed corruption in the local administration. An investigation has been launched by the regional branch of Russia’s Investigative Committee and Popkov’s journalism is being treated as a potential motive for the murder.
Nur Ener (Turkey) – Ener, a journalist for the daily Yeni Asya, was detained by police after they raided her apartment in the middle of the night on March 3, 2017. Accused of being affiliated with the Fethullah Gülen network, Ener’s formal charges are unknown to her lawyer and she is allowed only 45 minutes of family visits a week and one hour with her lawyer. A former roommate of Ener, who was arrested after the July 2016 coup attempt, is said to have given Ener’s name to the police in the aftermath of the coup. Some of Ener’s critical reporting, including an interview where the guest criticized certain government policies, may have also been a reason for her arrest. According to the Committee to Project Journalists, Ener is one of over 80 journalists imprisoned in Turkey – the largest jailer of journalists in the world.
Oguz Guven (Turkey) ­­– Guven is the website editor-in-chief of Cumhuriyet daily. He was detained on May 12, 2017 for spreading terrorist propaganda, a popular charge against journalists in Turkey. The arrest allegedly was prompted by the newspaper’s tweet about the death of Mustafa Alper, a senior Turkish prosecutor involved in prosecuting suspects in the July 2016 coup attempt. Cumhuriyet has come under extreme pressure from the Turkish government, with 17 journalists and board members standing trial on July 24. Guven and his colleagues could face prison sentences as long as 43 years.
Stanyslav Aseyev (Ukraine) – Aseyev, a freelance journalist who contributed to Radio Free Europe/Radio Liberty under the name Stanyslav Vasin, has been missing from Donetsk since June 3, 2017. On July 16, Yehor Firsov, a former Ukrainian lawmaker and close friend of Aseyev, said he received information through unofficial sources that the journalist was detained by pro-Russian separatists. Aseyev allegedly faces charges of espionage by the self-proclaimed Donetsk People’s Republic (DNR), who have threatened him with up to 14 years’ imprisonment.
Other journalists highlighted in Political Prisoners in Russia:
Mykola Semena (Ukraine) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care.
Semena’s trial has been adjourned and delayed several times this year. If he is found guilty, he could face five years in prison.
Roman Sushchenko (Ukraine) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko.
Sushchenko’s pre-trial detention has been extended several times by the Lefortovsky District Court of Moscow since his arrest, and is currently set until September 30, 2017.
Photos Cited:
Afqan Muxtarli: Facebook
Mehman Huseynov: Facebook
Halina Abakunchyk: RFE/RL
Zhanbolat Mamay: RFE/RL
Nikolai Andrushchenko: RFE/RL
Dmitry Popkov: TON-M
Nur Ener: Platform for Independent Journalism (P24)
Oguz Guven: Twitter
Stanyslav Aseyev: RFE/RL

briefing

Engaging Belarus on Human Rights & Democracy

Friday, July 21, 2017

The 2017 Annual Session of the OSCE Parliamentary Assembly (OSCE PA) hosted by Belarus from July 5 to July 9 provided a rare opportunity for parliamentarians from OSCE participating States to learn more about current conditions in Belarus, and to meet Belarusian activists promoting reforms to the country’s democratic governance and human rights practices.
The United Nations (UN), National Democratic Institute (NDI), and International Republican Institute (IRI) are all deeply engaged in work to promote democracy and greater respect for human rights in Belarus, from both in-country (primarily the UN) and outside Belarus (NDI and IRI).
Belarus has shown a willingness to engage with the U.S., EU, and NGOs on human rights in recent years. Past experience has shown some approaches have worked much better than others. This briefing focused on the best ways to engage Belarus to encourage progress on human rights and democracy after the OSCE PA Annual Session in Minsk.

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One Year Later: Seeking Justice for Pavel Sheremet

Thursday, July 20, 2017

When investigative journalist Pavel Sheremet died in a car explosion in central Kyiv on July 20, 2016, his assassination garnered global media attention. Upon learning the tragic news, then-OSCE Representative on Freedom of the Media Dunja Mijatović condemned the murder, saying, “This killing and its circumstances must be swiftly and thoroughly investigated, and the perpetrators brought to justice.”
However, one year later, virtually no progress has been made on his case. Furthermore, the escalating harassment and attacks against journalists in Ukraine, coupled with a culture of impunity for perpetrators, is worrisome for Ukraine’s democratic future. To ensure they meet the aspirations of the Ukrainian people, authorities in Kiev must reaffirm their commitment to freedom of the press by ensuring the perpetrators of Sheremet’s murder—and similar cases of killing, assault, and harassment—are brought to justice.
Download the full report to learn more.

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Helsinki Commission Staff Meet with OSCE Election Experts

Wednesday, July 12, 2017

By Erika Schlager,
Counsel for International Law
On July 11, Helsinki Commission staff met with Dame Audrey Glover, head of the OSCE election observation mission during the 2016 U.S. elections. Other members of the OSCE team included Mr. Jan Haukass (Vienna Representative of the Office for Democratic Institutions and Human Rights, or ODIHR), Dr. Richard Lappin (ODIHR-Warsaw), and Mr. Radivoje Grujic (ODIHR-Warsaw). The meeting was part of OSCE’s standard consultations following the deployment of an election observation mission. The election team also held meetings in Washington with Members of Congress and the Department of State.
OSCE election observation is based on the 1990 Copenhagen Document in which the participating States agreed that “the will of the people, freely and fairly expressed through periodic and genuine elections, is the basis of the authority and legitimacy of all government.” The commitment fosters universal suffrage, equality, fairness, freedom, transparency, accountability, and secrecy of the ballot.
The original proposal for a commitment to hold free and fair elections came from the Helsinki Commission in 1989 but, at that time, was unacceptable to communist countries. In 1990, as communist regimes began to fall, agreement on the new commitment was adopted and signaled the rejection of the one-party systems that had previously dominated Eastern Europe. However, implementation of this commitment continues to be restricted in some countries where civil society is limited or faces repression.
OSCE election observation in the region represents the “gold standard” in international election observation. In some instances, when even the fundamental conditions for free and fair elections are lacking, the OSCE may decline to observe elections rather than give them a degree of legitimacy that is unwarranted. In 2015, restrictions imposed by the government of Azerbaijan compelled the OSCE to cancel a planned election observation mission.
Some countries, such as Russia, have sought to undermine OSCE election observation by promoting observation through the Commonwealth of Independent States (CIS), a post-Soviet grouping that includes Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan and Ukraine. CIS election observers consistently praise elections that are considered to be significantly flawed by independent observers, particularly the OSCE.
Helsinki Commissioners and staff have participated in well over 100 election observation missions since 1990 – the vast majority of them as members of the OSCE Parliamentary Assembly contingent that is part of the larger OSCE-led international observation missions. The Commission continues to support OSCE observation efforts, focusing on countries where resistance to democratic change remains the strongest. The Commission has also actively supported the right of domestic election observers to monitor the elections in their own countries.
Learn more about OSCE election observation.

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2017 Trafficking in Persons Report – the OSCE Region

Tuesday, June 27, 2017

Human trafficking remains a pressing human rights violation around the world with the International Labor Organization estimating that nearly 21 million people are enslaved at any given time, most of them women and children.
As part of U.S. efforts to combat human trafficking, the U.S. Department of State today released the 2017 Trafficking in Persons Report (TIP Report), reflecting the efforts of 187 countries and territories to prosecute traffickers, prevent trafficking, and to identify and assist victims, as described by the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children.
Trafficking Victim Identification and Care: Regional Perspectives
According to the new TIP Report, in the 2016 reporting year, countries in the OSCE region identified 304 more trafficking victims than in the previous year, for a total of 11,416 victims. This increase is particularly notable when compared to the East Asia and Pacific, Near East, South and Central Asia, and Western Hemisphere regions, where victim identification declined, but still maintained a generally upward trend over 2014.
Trafficking victim identification and care is critical for proper management of refugee and migrant flows. In order to help law enforcement and border guards identify trafficking victims among the nearly 400,000 migrants and refugees entering the region last year, the OSCE Office to Monitor and Combat Trafficking in Human Beings launched a new project to conduct multiple trainings, including simulation exercises, through 2018. The first training in November 2016 included participants from 30 OSCE participating States.
Victim identification and care are also critical for successful prosecutions. Nearly every region of the world saw a drop in prosecutions of human traffickers, but an increase in convictions in the 2016 reporting year. This trend may reflect a growing knowledge among prosecutors of how to successfully investigate and prosecute a trafficking case. It also may reflect an overall increase in trafficking victims who have been identified, permitted to remain in-country, and cared for such that the victims—now survivors—are ready, willing, and able to testify against their traffickers. Despite the dramatic decline in prosecutions (46 percent) in the OSCE region, convictions held steady at nearly the same numbers as the previous year.
Individual Country Narratives
Along with regional statistics, the TIP Report also provides individual country narratives, recommendations for the most urgent changes needed to eliminate human trafficking, and an assessment of whether the country is making significant efforts to meet the minimum standards for the elimination of human trafficking.
Tier 1 countries meet the minimum standards for the elimination of human trafficking. Tier 2 countries do not yet meet the standards, but are making significant efforts to do so. Tier 2 Watch List countries do not meet the minimum standards and are making significant efforts to do so, but have a very large or increasing number of trafficking victims, have failed to demonstrate increasing efforts over the previous year, or lack a solid plan to take additional steps in the coming year. Tier 3 countries do not meet the minimum standards and are not making significant efforts to do so.
Twenty-five OSCE participating States qualified for Tier 1 in the TIP Report. Nineteen participating States qualified for Tier 2, including Ukraine, which was upgraded this year after four years on the Tier 2 Watch List. Five participating States were designated for the Tier 2 Watch List, including Hungary, Moldova, Montenegro, Serbia, and Bulgaria.*
Four participating States were on Tier 3, including Belarus, Russia, Turkmenistan, and Uzbekistan. States on Tier 3 may be subject to sanctions.
Legislation authored by Helsinki Commission Co-Chairman Rep. Chris Smith—who also serves as the Special Representative for Human Trafficking Issues to the Organization for Security and Cooperation in Europe Parliamentary Assembly – requires the TIP Report to be produced every year. In recent years the report has also included an assessment of the United States.
Since the inception of the report, more than 100 countries have written or amended their trafficking laws, with some nations openly crediting the report for inspiring progress in their countries’ fight against human trafficking.
* OSCE participating States Andorra, Monaco, Lichtenstein, and San Marino are not included in the TIP Report.

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A Call to OSCE Commitments in Aftermath of Turkish Referendum

Thursday, May 04, 2017

Mr. President, I rise today to express my concerns about the outcome of the April 16 constitutional referendum in Turkey, when more than 50 million Turkish citizens voted on constitutional amendments to convert Turkey’s parliamentary government into a presidential system.
Turkey is a longstanding friend of the United States and a NATO ally. Our bilateral partnership dates back to the Cold War when Turkey served as an important bulwark against the creeping influence of the Soviet Union. Time has not diminished Turkey’s geostrategic importance. Today, Ankara finds itself at the intersection of several critical challenges: the instability in Syria and Iraq, the threat of ISIS and other extremist groups, and the refugee crisis spawned by this regional upheaval.
The United States relies on Turkey and other regional partners to help coordinate and strengthen our collective response. I was deeply troubled when renegade military units attempted to overthrow Turkey’s democratically elected government last July. Turkey’s strength is rooted in the democratic legitimacy of its government – a pillar of stability targeted by the reckless and criminal coup attempt.
As Chairman of the Commission on Security and Cooperation in Europe, or U.S. Helsinki Commission, I take very seriously the political commitments made by the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE). These commitments – held by both the United States and Turkey – represent the foundation of security and cooperation in the OSCE region. They include an indispensable focus on human rights, rule of law, and democratic institutions.
In the OSCE’s founding document, the Helsinki Final Act, participating States affirm “the universal significance of human rights and fundamental freedoms” and consider respect for these to be an “essential factor” for international peace and security. This vision is consistent with long-established U.S. foreign policy promoting human rights and democracy as cornerstones of a safer, more stable international order.
With these principles in mind, the United States must pay urgent attention to the current situation in Turkey and the danger it poses to Turkish and regional stability. Eroding respect for fundamental freedoms, rule of law, and democratic institutions in Turkey has proceeded at an alarming pace. The government’s planned “executive presidency” will further decrease government accountability.
Since the attempted coup more than nine months ago, Turkey has operated under a state of emergency that gives the government sweeping authority to curtail rights and silence opponents. Certain extraordinary measures may have been justified in the immediate aftermath to restore order, investigate events, and bring perpetrators to justice, but the government’s actions have stretched far beyond these legitimate aims. The ongoing purge has touched every institution of government, sector of society, corner of the country, and shade of opposition – military or civilian, Turk or Kurd, religious or secular, nationalist or leftist, political or non-political.
An atmosphere of fear and uncertainty has settled over Turkish society as more than 100,000 people have been detained or arrested. Tens of thousands have been fired from their jobs, had their professional licenses revoked, and had their names released on public lists without any recognizable due process. The government removed and replaced thousands of judges and prosecutors within hours of the coup’s defeat, compromising the independence of the judiciary at a moment when an impartial justice system had become more important than ever.
The government has also closed more than 150 media outlets. Upwards of 80 journalists are behind bars. The offices of the country’s oldest newspaper were raided, and the paper’s editor-in-chief and other staff were arrested. The media environment was already under extraordinary pressure before the coup. Last spring, the government seized control of the country’s highest-circulation paper. Self-censorship is now widely practiced to avoid provoking the government’s ire.
Additionally, state of emergency decrees have given regional governors the ability to curtail freedom of assembly rights, harming the ability of civil society organizations to organize rallies concerning the referendum. Since July, the government has detained more than a dozen opposition parliamentarians. Many more continue to face criminal charges for political statements they made before the coup attempt.
It is difficult to overstate the chilling effect these measures have had on political debate in Turkey. And yet, these are the circumstances under which Turks voted on April 16. These major constitutional changes passed with a slim majority of 51 percent. The OSCE’s international observation mission stated in its preliminary conclusions that the vote “took place on an unlevel playing field” and that “fundamental freedoms essential to a genuinely democratic process were curtailed.”
Under the revised constitution, the once largely ceremonial position of president will convert into an “executive presidency” and the position of prime minister will be abolished. The president will be elected along with the national assembly every five years and has the ability to dissolve the assembly and call new elections at will. The president will also appoint a larger proportion — nearly half — of the country’s supreme judicial council. In a report on these new constitutional provisions, the Venice Commission of the Council of Europe concluded that the amendments are a “step backwards” and pose “dangers of degeneration … towards an authoritarian and personal regime.”
Turkey is undergoing a disturbing transformation, and I am concerned these changes could undermine the strength of our partnership. President Erdogan’s government has dramatically repressed dissent, purged opponents from every sector of government and society, and is now poised to consolidate power further under his self-described “executive presidency.”
In the short term, the Turkish government should act swiftly and transparently to investigate credible claims of voting irregularities in the referendum as well as the legality of a surprise electoral board decision to admit an unknown number of ballots that should be deemed invalid under existing rules. Public trust in the outcome of such a consequential vote is of utmost importance. Sadly, until now, the government has responded to these challenges with dismissiveness and suppression. In the past week, dozens of activists have been detained for participating in protests against the election results.
Furthermore, the government should lift the state of emergency, stop all forms of repression against the free press, release all imprisoned journalists and political activists, and urgently restore public confidence in the judiciary. Only then can it credibly and independently adjudicate the tens of thousands of cases caught up in the government’s months-long dragnet operations.
A country where disagreements are suppressed rather than debated is less secure. A country where institutions are subordinated to personalities is less stable. A country where criticism is conflated with sedition is less democratic. Unless President Erdogan moves urgently to reverse these trends, I fear our partnership will inevitably become more transactional and less strategic. It will become more difficult to justify long-term investment in our relationship with Turkey if the future of the country becomes synonymous with the fortunes of one party or one individual.
The United States and Turkey need a solid foundation for enduring cooperation to tackle regional instability, terrorism, migration, and other challenges. The future of this partnership is difficult to imagine in the midst of a prolonged state of emergency, wide-scale purges, and weakened democratic institutions.

briefing

Turkey Post-Referendum: Institutions and Human Rights

Tuesday, May 02, 2017

Human rights abuses by the Turkish government have proliferated under the state-sanctioned emergency measures imposed in the aftermath of the July 2016 failed coup attempt. Turkish authorities have fired as many as 130,000 public workers, including teachers, academics, police officers, and soldiers, and thousands have been arrested.
Hundreds of journalists have had their credentials revoked and dozens of media outlets have been shut down. Human rights groups have documented widespread reports of intimidation, ill-treatment and torture of those in police custody.
On April 16, 2017, Turkey held a referendum on a package of amendments that transforms the country’s institutions in major ways. The position of prime minister was eliminated and the executive powers of the president were expanded, enabling him to appoint ministers without parliamentary approval, exert more influence over the judiciary, and call early elections. Coming on top of the post-coup crackdown, how will Turkey’s changing institutions affect human rights in the country?
Panelists at the briefing discussed how U.S. policymakers can most effectively encourage the protection of human rights to promote the interests of the Turkish people given the strategic importance of the U.S.-Turkey bilateral relationship.

WASHINGTON—Helsinki Commission Chairman Senator Roger Wicker (MS) today introduced a bipartisan Senate resolution urging President Trump to recognize the importance of the Helsinki Final Act – the founding document of today’s Organization for Security and Cooperation in Europe (OSCE) – and its relevance to American national security.
The resolution was cosponsored by all other Senators currently serving on the Helsinki Commission: Sen. Ben Cardin (MD), Sen. John Boozman (AR), Sen. Cory Gardner (CO), Sen. Marco Rubio (FL), Sen. Jeanne Shaheen (NH), Sen. Thom Tillis (NC), Sen. Tom Udall (NM), and Sen. Sheldon Whitehouse (RI).
“Peace and prosperity in the OSCE region rest on a respect for human rights and the preservation of fundamental freedoms, democratic principles, and economic liberty. Unfortunately, the commitment to these ideals by some OSCE participating States is eroding,” Chairman Wicker said.
“The shrinking space for civil society in many nations has become reminiscent of the Communist era – a time when many Helsinki Monitoring Groups were violently persecuted for their courageous support of basic human rights,” he continued. “With its actions in Ukraine and Georgia, the Russian Federation in particular has demonstrated how closely such internal repression can be tied to external aggression. We were reminded of these abuses in this morning’s Helsinki Commission hearing. I urge the President to make it clear that Helsinki principles are vital not only to American national interests but also to the security of the OSCE region as a whole.”
“What was remarkable about the Helsinki Final Act was the commitment that these standards we agreed to would not only be of internal interest to the member country, but that any country signatory to the Helsinki Final Act could challenge the actions of any other country,” said Ranking Commissioner Cardin, who is also Ranking Member of the Senate Foreign Relations Committee. “We have not only the right but the responsibility to call out countries that fail to adhere to the basic principles that were agreed to in 1975.”
Defining security in a uniquely comprehensive manner, the Helsinki Final Act contains 10 principles guiding inter-state relations, among them respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion, or belief (Principle VII). Other principles include respect for sovereign equality (Principle I), the territorial integrity of states (Principle IV), and states’ fulfilment in good faith of their obligations under international law (Principle X).
S.Con.Res.13 encourages President Trump to reaffirm America’s commitment to the principles and implementation of the Helsinki Final Act. The resolution also calls on the President to urge other participating States to respect their OSCE commitments and to condemn the Russian Federation's clear, gross, and uncorrected violations of all 10 core OSCE principles enshrined in the Helsinki Final Act.

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Democracy & Human Rights Abuses in Russia: No End in Sight

Wednesday, April 26, 2017

The U.S Helsinki Commission held a hearing on Wednesday on “Democracy and Human Rights Abuses in Russia: No End in Sight.” It was the first hearing in the 115th Congress focused on internal human rights repression in Russia.
Vladimir Kara-Murza, vice-chairman of pro-reform movement Open Russia; Rachel Denber, Deputy Director of the Europe and Central Asia Division at Human Rights Watch; and Dr. Daniel Calingaert, Executive Vice President of Freedom House, testified about the crisis of Russian democracy and the country’s worsening human rights record under President Vladimir Putin.
In his opening statement, Mr. Kara-Murza underscored the necessity for the OSCE participating States to give an honest assessment about what is happening in Russia, where the number of political prisoners now exceeds a hundred people (a number that has doubled in less than a year).
Mr. Kara-Murza, a vocal critic of the Kremlin who has survived two poisoning attempts, estimated that more than 30 activists have been murdered by the Putin regime since Vladimir Putin assumed power in 2000. He also called for an end to impunity for human rights violations in Russia.
“The U.S. does have a mechanism for such accountability in the Magnitsky Act that provides for targeted sanctions on human rights abusers. This law should continue to be implemented to its full extent,” Mr. Kara-Murza said.
His concerns were echoed by Human Rights Watch’s Rachel Denber, who noted that today, “Russia is more repressive that it has ever been in the post-Soviet era.” At Chairman Wicker’s request, Ms. Denber provided detailed information about each of the Russian political prisoners who were featured on posters in the room, and also spoke at length about the repression of gay men in Chechnya.
Dr. Daniel Calingaert of Freedom House highlighted the fact that Mr. Putin was the primary author of the modern authoritarian’s playbook, which has subsequently been replicated by many autocratic rulers in the region.
“His methods for suppressing civil society and political opposition have inspired other dictators, and his media manipulation has impacted most of Eurasia directly and extended to Europe and the United States,” Dr. Calingaert said.
However, despite the grim situation, Mr. Kara-Murza voiced some optimism about the future. “Increasingly, the young generation in Russia – the very generation that grew up under Vladimir Putin – is demanding respect and accountability from those in power,” he said.
Mr. Kara-Murza pointed to a wave of anti-corruption demonstrations that took place in dozens of cities across Russia in late March, with tens of thousands of people, mostly young protesters, taking out to the streets to demand the resignation of Prime Minister Dimitriy Medvedev.
“This movement will continue. And these growing demands for accountability are the best guarantee that Russia will one day become a country where citizens can exercise the rights and freedoms to which they are entitled,” he added.

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First Person: Election Observation in Armenia

Thursday, April 13, 2017

By Everett Price,
Policy Advisor
As the Helsinki Commission’s policy advisor for Armenia, I participated in the election observation mission (EOM) to Armenia organized by the Organization for Security and Cooperation in Europe’s Parliamentary Assembly (OSCE PA) from March 31 to April 3, 2017. On April 2, the Republic of Armenia held its first parliamentary election since approving constitutional amendments in a popular referendum in 2015 that transition the country from a semi-presidential to a parliamentary system. The election was also significant as the first nation-wide vote held under sweeping 2016 revisions to the country’s electoral code that implemented a new process for allocating legislative seats, improved transparency, mandated advanced voter authentication measures, and increased female and minority representation quotas.
I was one of a 63-member delegation of parliamentarians and staff deployed by the OSCE PA to serve as short-term observers to the Armenian election. This parliamentary delegation complemented the work of a team of 14 experts, 28 long-term observers, and over 300 short-term observers sent throughout the capital and across the country by the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). Representatives from the Parliamentary Assembly of the Council of Europe (PACE) and the European Parliament (EP) also participated. The OSCE PA and ODIHR regularly lead EOMs in the OSCE region at the invitation of the host country. (Learn more about OSCE election observation.)
In the days before the vote, our OSCE PA observation team received extensive briefings on the election process and current political dynamics from ODIHR experts and from Armenian government officials, political parties, civil society, and media representatives. These briefings focused on allegations of electoral violations, the complexity of the electoral code, the role of international and local observers, and the tenor of the campaign.
We heard a “unified message of concern” from civil society representatives. Citizen activists, journalists, and opposition members told us that the ruling party would abuse its access to administrative resources to get out the vote and that it, and other parties, would engage in voter intimidation and vote buying. They warned that while new electoral procedures might mitigate concerns about the casting and counting ballots, the ruling party and powerful oligarchs would wield improper influence outside the voting booth, diminishing the fairness of the vote. One political commentator assessed that the difficult economic situation experienced by many voters during this election season would make them especially susceptible to selling their vote.
Briefers also discussed the complexity of Armenia’s new electoral code and the extent to which it would address past electoral violations. Significantly, this was Armenia’s first time employing electronic voter identification, multiple ballots, and a partial open list voting system that allows voters to express their preference for specific candidates. The code incorporated many recommendations from Armenian civil society, ODIHR, and other international experts and was generally assessed as a positive step forward. Concerns remained, however, about the complexity of voting procedures, voter registration policy, relatively weak campaign finance transparency provisions, and restrictions on citizen observer participation, among other issues.
Civil society activists specifically raised concerns about the overall number of citizen observers and the rules governing their access to polling stations. Armenia registered over 28,000 citizen observers in a country of less than 3 million people, prompting concerns about overcrowding at polling stations and questions about the origins of the organizations and individuals behind these observation missions. One civil society representative said that only 600 of the citizen observers were from known NGOs and that many of the rest are likely from NGOs established by political parties. Some worried that the large number of citizen observers was meant to suppress the participation of legitimate groups since the electoral code stipulates that a maximum of 15 citizen observers are allowed in a polling station at one time. Ruling party officials, meanwhile, noted that hundreds of citizen observers were foreigners registered under local NGOs. They intimated that these observers could be a vehicle for unwelcome foreign influence.
One media representative characterized the content of the campaign as “the most primitive” in recent memory, while another political commentator lamented the “poverty of ideas” and “competition of personalities” on display. Several members of the media and some political party officials regretted that lack of any televised debate among candidates—only three of the nine parties and political coalitions on the ballot were willing to hold such a debate. What’s more, several journalists noted that many parties actively avoided the press and restricted most of their candidates from interacting with the media.
Before dawn on election day, two other observers and I deployed to our first assigned polling station to watch the opening procedures. At a school in downtown Yerevan, I watched as the precinct chairwoman capably organized the precinct committee that worked together to prepare the space and voting materials for the arrival of the day’s first voters. The importance of orderliness at this particular polling station became evident within the hour when presidential security arrived to prepare for Armenian President Serzh Sargsyan to cast his vote there.
Despite this exceptional circumstance, in other ways the experience at this polling station typified the voting I observed elsewhere throughout the day. I saw non-credentialed citizens hovering watchfully—and in violation of the electoral code—outside the polling station and engaging voters—likely local party officials keeping tabs on voter participation. Inside the polling place there was some overcrowding, a malfunctioning electronic voter authentication device, and modest voter confusion about the voting procedure, which involved selecting among nine separate ballots and optionally marking a candidate preference on the reverse side.
I visited a total of seven polling places that day, stretching from downtown Yerevan to the shores of Lake Sevan and the surrounding hinterland 60km northeast of the capital. In larger precincts I witnessed large contingents of party proxies and citizen observers monitoring the vote. In several instances, citizen observers credentialed under the name of a local NGO turned out to be from foreign countries and were unable to explain to me the mission of their organization, highlighting the opaque origins of some citizen observation efforts. In most precincts I saw a mix of credentialed and non-credentialed individuals from political parties and local NGOs mingling inside and outside the polling station, engaging voters, and generally making their presence felt.
Our day ended in Yerevan where we observed the closure procedure at a polling place where about 700 votes had been cast. The precinct chairwoman carefully walked the precinct committee through the process step by step, openly acknowledging to us the difficulty of carrying out the complex procedure for the first time. The tallying took place transparently in front of us and in full view of several local observers and party proxies that stayed late into the night to oversee the count. We had the opportunity, along with our fellow observers, to ask questions of the precinct chairwoman about how she and her team were adjudicating individual ballots and counting votes.
Although my observations here are anecdotal, they are consistent with the preliminary findings and conclusions of the international election observation mission that the elections “were well administered and fundamental freedoms were generally respected” although the vote was “tainted by credible information about vote-buying and pressure on civil servants and employees of private companies.” The end result was a vote that suffered from “an overall lack of public confidence and trust.” (Read the full Statement of Preliminary Findings and Conclusions.)
While Armenia’s democracy took some important strides in the procedural conduct of this election, much work remains to be done. With the vote tallying complete, Armenia now embarks on a critical period of transition to a parliamentary system that will be fully realized at the end of the President’s final term in April 2018. All political actors, but particularly the new governing coalition, must shoulder their responsibilities to ensure that this new system of governance earns the trust of the public it serves. To build this trust, Armenia would benefit from a process of political evolution that accompanies its institutional transition and procedural reforms. Specifically, Armenia’s political parties and new parliament would do well to ensure a competition of ideas replaces the all too common clashes of personalities and patronage networks on display during this election.

WASHINGTON–Helsinki Commission Chairman Sen. Roger Wicker (MS) today issued the following statement regarding the recent acts of aggression perpetrated by the Russian government:
“In today’s Russia, there is a disturbing trend of violence that targets members of the political opposition. I am particularly concerned about Vladimir Kara-Murza, who is fighting for his life in a Moscow hospital after being poisoned. Mr. Kara-Murza has appeared at multiple Helsinki Commission events and is a tireless advocate for restoring democratic freedoms to the Russian people. The United States should have no illusions about the nature of the Russian regime.
“Meanwhile, fighting in eastern Ukraine continues to spread. Last week, the OSCE’s Special Monitoring Mission to Ukraine reported the heaviest fighting since combined Russian-separatist forces captured Debaltseve in January 2015. The OSCE Parliamentary Assembly has repeatedly condemned Russia’s ‘clear, gross, and uncorrected’ violations of OSCE principles with respect to Ukraine.
“I stand with UN Ambassador Nikki Haley in condemning the escalation of violence. Russia should respect the sovereignty and territorial integrity of Ukraine.”
Vladimir Kara-Murza has a longstanding relationship with the Helsinki Commission. He first appeared at a Helsinki Commission briefing in 2011. He testified at a Helsinki Commission hearing on Russia in 2015 and briefed Commission staff before the 2016 Russian parliamentary elections.

briefing

Moldova at a Crossroads

Thursday, September 22, 2016

Twenty-five years after its independence, Moldova is at a crossroads as it prepares for presidential elections scheduled for October 30. While it seeks to overcome significant internal challenges, the country is also squarely in the crosshairs of Russian destabilization efforts intended to maintain Moscow’s influence and strike at the foundation of Moldovan democracy.
The experts at this briefing offered valuable insight on the significant internal and external challenges Moldova faces as it approaches presidential elections in October 2016. The speakers addressed continued threats to Moldovan territorial integrity and sovereignty; hostile Russian actions including disinformation campaigns, an economic blockade, and threatening rhetoric; and the roles of the Moldovan government and external actors, including the OSCE, in addressing Moldovan vulnerabilities.
Commissioner Rep. Joe Pitts (PA-16) opened the briefing with a statement on Moldova and the Transnistrian conflict, as he has been deeply interested and engaged in Moldova throughout his career. Witnesses Ambassador William Hill and Matthew Rojansky then discussed Moldova's internal and external challenges in greater depth. As a veteran diplomat in Moldova and the region, Ambassador William Hill assigned an absence of rule of law as Moldova’s central challenge. Mr. Rojansky, a renowned scholar on this subject, offered historical perspective on Russia’s objectives in maintaining instability in neighboring countries like Moldova. Before beginning audience Q&A, the event also welcomed comments from Tatiana Solomon, Chargé d’Affaires ad interim of the Moldovan Embassy, who thanked the witnesses and the Helsinki Commission for engagement on the issues discussed. All participants encouraged U.S. support for Moldova and the region as it works towards a stable, democratic, and prosperous future.

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U.S. Delegation to OSCE PA Drives International Action against Human Trafficking, Discrimination, and Anti-Semitism

Friday, July 08, 2016

WASHINGTON—Seven members of Congress traveled to the OSCE Parliamentary Assembly (OSCE PA) Annual Session in Tbilisi, Georgia last week to demonstrate the U.S. commitment to the principles of the Helsinki Final Act, including respect for human rights and fundamental freedoms.
At the Annual Session, which brought together nearly 300 parliamentarians from 54 of the 57 OSCE participating States, the U.S. lawmakers introduced several successful resolutions and amendments targeting current challenges facing the OSCE region, ranging from human trafficking to discrimination and anti-Semitism to the abuse of Interpol mechanisms to target political opponents and activists.
The delegation included Helsinki Commission Chairman Rep. Chris Smith (NJ-04), Co-Chairman Sen. Roger Wicker (MS), Commissioner Rep. Robert Aderholt (AL-04), Commissioner Rep. Randy Hultgren (IL-14), Rep. Mike Fitzpatrick (PA-08), Rep. Richard Hudson (NC-08), and Rep. David Schweikert (AZ-06). Rep. Aderholt currently serves as a vice-president of the OSCE PA, while Sen. Wicker was re-elected to a third term as chair of the OSCE PA Committee on Political Affairs and Security, also known as the First Committee, during the annual meeting.
Chairman Smith led international lawmakers in battling international human trafficking and child sex tourism through a successful resolution calling on all OSCE participating States to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists. Chairman Smith, who serves as the OSCE PA Special Representative on Human Trafficking Issues, also hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies.
A second U.S. resolution, authored by OSCE PA Special Representative for Anti-Semitism, Racism and Intolerance and Helsinki Commission Ranking Sen. Ben Cardin (MD), called for action against the anti-Semitic and racist violence sweeping across North America and Europe. The resolution, which passed overwhelmingly, urged members of the OSCE to develop a plan of action to implement its long-standing body of tolerance and non-discrimination agreements, called for international efforts to address racial profiling, and offered support for increased efforts by political leaders to stem the tide of hate across the region. The resolution was fielded by Commissioner Hultgren.
Chairman Smith also called on participating States to more effectively prevent and combat violence against European Jewish communities through the introduction of two amendments to the resolution of the OSCE PA General Committee on Democracy, Human Rights and Humanitarian Questions (also known as the Third Committee). His first amendment called for the explicit recognition of the increase in anti-Semitic attacks in the region, while the second encouraged participating States to formally recognize and partner with Jewish community groups.
Responding the abuse of Interpol systems for politically motivated harassment by Russia and other members of the OSCE, Co-Chairman Wicker authored a successful amendment to the First Committee resolution, which called on participating States to stop the inappropriate placement of Red Notices and encouraged Interpol to implement mechanisms preventing politically motivated abuse of its legitimate services. The amendment was fielded by Rep. Hudson.
During the Annual Session, members of the delegation also offered strong support for important resolutions fielded by other countries, including one by Ukraine on human rights in illegally occupied Crimea and another on the 30th anniversary of the Chernobyl nuclear accident. They voted for a highly relevant resolution on combating corruption fielded by Sweden, and helped to defeat a Russian resolution attacking the Baltic States, Poland and Ukraine in the context of combating neo-Nazism. U.S. delegates indicated their support for the work of attending Azerbaijani human rights activists, and met with attending members of the Israeli Knesset.
While in Tbilisi, the group also met with several high-ranking Georgian officials, including Prime Minister Giorgi Kvirikashvili; Tedo Japaridze, Chairman of the Foreign Relations Committee, Parliament of Georgia; Mikheil Janelidze, Georgian Minister of Foreign Affairs; and David Bakradze, Georgian Minister of European and Euro-Atlantic Integration.

WASHINGTON—The OSCE Parliamentary Assembly passed a resolution authored by Helsinki Commission Chairman Rep. Chris Smith (NJ-04) against international human trafficking and child sex tourism. The resolution was passed at the 2016 annual session of the OSCE Parliamentary Assembly (OSCE PA), and has an agenda-setting effect for the 57-member intergovernmental organization.
Smith, who leads the U.S. Delegation to this year’s OSCE PA Annual Session, introduced a resolution calling on all OSCE participating States to work with the private sector and civil society to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists. The resolution also urges all OSCE participating States to enact laws allowing them to prosecute their citizens and legal permanent residents for child sexual exploitation committed abroad, and to strengthen international law enforcement cooperation to ensure that nations know about travel by convicted pedophiles prior to their arrival.
“More children than ever before are being exploited – child sex tourism is soaring while protection lags,” said Chairman Smith. “We must work together to protect children from convicted pedophiles and opportunistic predators who exploit local children with impunity during their travels abroad. Prevention and prosecution should go hand in hand.”
In addition to introducing the SECTT resolution, Chairman Smith hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies.
“Child predators thrive on secrecy – a secrecy that allows them to commit heinous crimes against the weakest and most vulnerable,” said Chairman Smith. “Recent changes in the laws of the United States and partner countries are putting child predators on the radar when they travel internationally, but much remains to be done.”
Chairman Smith has served as OSCE PA Special Representative on Human Trafficking Issues since 2004. His efforts to raise the profile of the human trafficking problem in the OSCE region are reflected in the 2013 Addendum to the OSCE Plan of Action to Combat Trafficking in Human Beings, and have prompted other parliamentarians to take the lead in addressing human trafficking in their respective capitals.
Chairman Smith first raised the issue of human trafficking at the 1999 St. Petersburg Annual Session, the first time it appeared on the OSCE agenda. Since then, he has introduced or cosponsored a supplementary item and/or amendments on trafficking at each annual session of the OSCE PA, including on issues such as sex tourism prevention, training of the transportation sector in victim identification and reporting, corporate responsibility for trafficking in supply chains, and special protections for vulnerable populations.
In addition to authoring the 2016 International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes through Advanced Notification of Traveling Sex Offenders, he authored the landmark U.S. Trafficking Victims Protection Act of 2000 and its 2003 and 2005 reauthorizations. Chairman Smith co-chairs the United States Congressional Human Trafficking Caucus.

WASHINGTON—At the 2016 OSCE Parliamentary Assembly (OSCE PA) Annual Session, meeting in Tbilisi, Georgia this week, Helsinki Commission Chair Rep. Chris Smith (NJ-04) today called on participating States to more effectively prevent and combat violence against European Jewish communities in the face of increasing anti-Semitic violence in the region.
“Violent anti-Semitic attacks are on the rise in several European countries – and there is a lot more we can do to stop it,” said Chairman Smith, who led the U.S. delegation to the event. “European police and security forces should be partnering with Jewish community security groups, and the United States government should be working with the European governments to encourage this. The terrorist threat to European Jewish communities is more deadly than ever. We must act to prevent a repeat of the horrific massacres of Paris and Copenhagen.”
Chairman Smith offered two amendments to the draft resolution of the OSCE PA General Committee on Democracy, Human Rights and Humanitarian Questions (also known as the Third Committee). His first amendment called for the explicit recognition of the increase in frequency, scope, and severity of anti-Semitic attacks in the OSCE region, while the second called on participating States to formally recognize and partner with Jewish community groups to strengthen crisis prevention, preparedness, mitigation, and responses related to anti-Semitic attacks. Both amendments reflect consultations with and requests from European Jewish communities.
Chairman Smith has a long record as a leader in the fight against anti-Semitism. He co-chairs the Bipartisan Task Force for Combating Anti-Semitism in the U.S. House of Representatives and authored the provisions of the U.S. Global Anti-Semitism Review Act of 2004 that created the Office to Monitor and Combat Anti-Semitism within the U.S. State Department. In 2015, he authored House Resolution 354, a blueprint for strengthening the safety and security of European Jewish communities.
Following his landmark 2002 hearing on combating the escalation of anti-Semitic violence in Europe, “Escalating Anti-Semitic Violence in Europe,” he led a congressional drive to place the issue of combating anti-Semitism at the top of the OSCE agenda. As part of this effort he authored supplemental resolutions on combating anti-Semitism, which were adopted at the 2002, 2003, and 2004 Annual Sessions of the OSCE PA. In 2004 the OSCE adopted new norms for its participating States on fighting anti-Semitism.
Chairman Smith is a founding member of the the Inter-Parliamentary Coalition for Combating Anti-Semitism (ICCA), where he also serves on the steering committee.
In the 1990s, he chaired Congress’s first hearings on anti-Semitism and in the early 1980s, his first trips abroad as a member of Congress were to the former Soviet Union, where he fought for the release of Jewish “refuseniks.”

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The Helsinki Process: A Four Decade Overview

Monday, February 01, 2016

In August 1975, the heads of state or government of 35 countries – the Soviet Union and all of Europe except Albania, plus the United States and Canada – held a historic summit in Helsinki, Finland, where they signed the Final Act of the Conference on Security and Cooperation in Europe. This document is known as the Helsinki Final Act or the Helsinki Accords. The Conference, known as the CSCE, continued with follow-up meetings and is today institutionalized as the Organization for Security and Cooperation in Europe, or OSCE, based in Vienna, Austria.
Learn more about the signature of the Helsinki Final Act; the role that the Conference on Security and Cooperation in Europe played during the Cold War; how the Helsinki Process successfully adapted to the post-Cold War environment of the 1990s; and how today's OSCE can and does contribute to regional security, now and in the future.

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OSCE Foreign Ministers Meet in Belgrade

Friday, January 15, 2016

Serbia’s year-long chairmanship of the OSCE culminated in Belgrade in the annual meeting of the OSCE Ministerial Council on December 3 and 4, 2015. Key issues addressed in the context of Ministerial discussions included:
Ongoing efforts to de-escalate the Russia-Ukraine crisis and the need for Russia to fully implement the Minsk Agreements.
Reaffirmation of the Helsinki Final Act and subsequent commitments and the comprehensive nature of security (i.e., respect for fundamental freedoms within a state has an impact on the security between states).
The assault on human dignity and human rights, including through terrorist attacks, the continued rollback on rights and freedoms in the OSCE area, and the refugee and migration crisis.
Secretary of State John Kerry led the U.S. delegation, which also included Assistant Secretary of State Victoria Nuland; Deputy Assistant Secretary of State for Democracy, Human Rights, and Labor Robert Berschinski; Deputy Assistant Secretary of State for Central Asia Daniel N. Rosenblum; and Helsinki Commission Senior Senate Staff Representative Ambassador David T. Killion. The atmosphere was strained, as tensions between Ukraine and Russia, Russia and Turkey, and Armenia and Azerbaijan spilled over into the negotiations.
As Russia blocked virtually all decisions on human rights, as well as on the migration crisis and on gender issues, only a handful of documents were adopted. Successful declarations addressed recent terrorist attacks in the OSCE region, combating violent extremism that leads to terrorism, and addressing the illicit drug trade.

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OSCE Human Dimension Implementation Meeting 2015

Friday, January 15, 2016

“The Human Dimension” is OSCE-speak for human rights, democracy, and humanitarian concerns.
When the Helsinki Final Act (HFA) was signed in Helsinki, Finland in 1975, it enshrined among its ten Principles Guiding Relations between participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII).
In addition, the HFA included a section on cooperation regarding humanitarian issues that provided an umbrella for addressing (among other things) family reunification and working conditions for journalists.
"The Human Dimension" was a term coined during the drafting of the 1989 Vienna Concluding Document to serve as shorthand to describe the human rights and humanitarian provisions of the agreements concluded within the framework of the Helsinki process. Today, it has come to include the OSCE’s watershed commitments on democracy, the rule of law, and free and fair elections.
In any given year, the OSCE participating States address human dimension issues in multiple fora. The Human Dimension Implementation Meeting – HDIM – attracts the largest number of participants, covers the greatest range of issues, and is open to participation by civil society.
That work includes formal sessions on the full range of human rights issues as well as rule of law, free elections, and democracy-building issues. National minorities, Roma, and tolerance and nondiscrimination are also on the agenda.
U.S. Delegation Led by David Kramer
The 2015 HDIM was held September 21 to October 2 and drew 1,386 participants.
The U.S. delegation was led by David J. Kramer, Senior Director for Human Rights and Human Freedoms at the McCain Institute and former Assistant Secretary of State for Democracy, Human Rights, and Labor. It also included U.S. Ambassador to the OSCE Daniel Baer; Deputy Assistant Secretary of State for Democracy, Human Rights and Labor Robert Berschinksi; Department of State Special Advisor for International Rights Judith Heumann; and Helsinki Commission Senior Senate Staff Representative Ambassador David T. Killion. Helsinki Commission staff participated in all aspects of the delegation’s work.
In addition to active engagement in the formal sessions, the United States participated in side events focused on specific countries or issues organized by civil society, OSCE participating States, or international organizations, and held numerous bilateral meetings with other delegations to raise and discuss human rights. Special Advisor Heumann led a panel highlighting the importance of disability rights for OSCE countries as part of a U.S. side event cosponsored with Finland.
Russia: External Aggression and Internal Repression
During the HDIM, Russia’s aggression in and against Ukraine was raised in connection with almost every agenda item for the meeting. The OSCE Office for Democratic Institutions and Human Rights (ODIHR) also issued a joint report prepared with the OSCE High Commissioner on National Minorities detailing widespread human rights violations in Russian-occupied Crimea.
Increasing levels of repression within Russia also were raised throughout the HDIM and served to highlight the relationship between external aggression and internal repression.
In early 2015, Boris Nemtsov, an advocate for the rule of law and accountability in Russia and an outspoken Russian critic of the Russian government’s war against Ukraine, was gunned down just outside the Kremlin. Russia’s increasingly repressive government has eroded the democratic institutions that ensure a government’s accountability to its people. A free and independent media is virtually nonexistent and the remaining state-controlled media is used to propagandize disinformation, fear, bigotry, and aggression.
Azerbaijan’s Record Draws Sharp Criticism
In 2015 Azerbaijan unilaterally shuttered the OSCE Mission in Baku, effectively blocked the OSCE’s independent election observation in October, and sentenced journalist-heroine Khadija Ismayilova to 7 ½ years in prison for reporting on government corruption. The government of Azerbaijan has also escalated pressure against the family members of its critics, in a further effort to stifle dissent. As a consequence, throughout the HDIM, Azerbaijan was the subject of singular attention and criticism.
In one particularly sharp exchange with the moderator during the discussion of fundamental freedoms in the digital age, Azerbaijan challenged its critics to name at least 25 of an estimated 100 political prisoners. A partial list – 25 names – is below.
Abilov, Abdul
Aliyev, Intigam
Aliyev, Nijat
Akhundov, Rashadat
Guliyev, Araz
Hasanov, Nasimi
Hashimli, Parviz
Hazi, Seymur
Ismayilova, Khadija
Jabrayilova, Valida
Jafarov, Rasul
Karimov, Fara
Mammadli, Anar
Mammadov, Hilal
Mammadov, Igar
Mammadov, Omar
Mirkadirov, Rauf
Ramazanov, Rashad
Rustamov, Aliabbas
Rustamzada, Ilkin
Seyidov, Elnur
Yagublu, Tofig
Yunusov, Arif**
Yunus, Leyla**
Zakharchenko, Irina
**Leyla and Arif Yunus have been released from prison since the HDIM but remain under house arrest.

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What is the OSCE Doing in Ukraine?

Friday, January 15, 2016

In Ukraine, the OSCE monitors the cease-fire, weapons withdrawal, and overall security situation in eastern Ukraine. In addition, the OSCE has observed local elections and reports on widespread human rights violations in Russian-occupied Crimea.
Special Monitoring Mission (SMM)
Mandate adopted by consensus on March 21, 2014 and extended until March 31, 2016
634 international monitors as of November 18, 2015
Posts daily updates at OSCE.org
Has encountered episodes of hostage-taking and been fired upon
OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk
Mandate adopted by consensus on July 24, 2014
Gathers information and reports on the security situation at the two checkpoints
Minsk Agreement
Adopted September 5, 2014, by Russia, Ukraine, and Russian-backed separatists under OSCE auspices
OSCE tasked with monitoring its implementation, including the cease-fire and weapons withdrawal
Minsk II
Adopted February 11, 2015
Continues work of Minsk agreement
OSCE Election Observation
Observed local elections in 2015
Joint report by ODIHR & HCNM on Russian-occupied Crimea
ODIHR and HCNM report released September 17, 2015, identifies widespread human rights violations

WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing:
“The Rule of Law and Civil Society in Azerbaijan”
Thursday, November 5
2:00PM
Cannon House Office Building
Room 311
The last two years have witnessed a precipitous decline in the respect for rule of law and human rights in Azerbaijan. Many independent civil society organizations have been forced to close due to onerous regulations, threats of intimidation, or the arrest of the organization’s leaders. Independent media has been severely curtailed or closed down. Opposition parties are harassed and often shut out of the election process. High-profile politicians are serving lengthy prison sentences on charges that many observers believe were politically motivated.
This briefing will have a particular focus on the rule of law and how the government of Azerbaijan is using its judicial system to intimidate and imprison critics of the government. The briefing will also analyze the results of the November 1 parliamentary election and its implications for Azerbaijan’s future direction.
The following panelists are scheduled to participate:
Ambassador Richard Morningstar, US Ambassador to the Republic of Azerbaijan from July 2012 to August 2014 and Founding Director of the Global Energy Center, Atlantic Council
Natalia Bourjaily, Vice President – Eurasia, International Center for Not-for-Profit Law
Dinara Yunus, Daughter of imprisoned Azerbaijani human rights defenders Leyla and Arif Yunus